[citation][nom]Vorador2[/nom]EULAs aren't enforceable in court.[/citation]
Well, when you break MS's EULA and they sue you I would love to see you win with that argument. The EULA states the boundaries of how you use a product or service, and if you break that agreement then the issuing company has every right to brick your device (like with consoles), or to sue you to oblivion.
The issue at hand is a question of what you own. When you buy a CD you own the physical disc, you do not own the content on the disc to do with as you please. It is technically illegal (though not enforceable) to copy that music, rip it to other devices, or whatever else because you purchased the CD, not the music, and not the copyright to the music. When purchasing an MP3 the question is if you have purchased the music, or the right to listen to said music, and if so; how many devices can you copy it to at any particular point in time? And let's say you own the MP3, does that give you resale rights? For example, when you buy software you own the copy of software. However, with much software (like the retail version of Windows for example) the software is tied to the person it was sold to, and if you sell that computer then you technically have to remove said software. On the other hand if you purchase the OEM version of the same software (in this case Windows) then it is tied to the machine, and while you can sell the machine and keep the OS on it, you cannot (technically) put the OS on any other computer, and you definitely cannot resell the OS to anyone else as a stand-alone product.
All of this is clearly stated in the EULA, but the problem with music is that these types of situations were not even thought of when the product was released, and so the courts have to decide which way is the most fair to the consumer, while not creating a fiscal burden on the music companies (lol, as if they are facing any financial hardships right now), and what most lines up with the original agreement between the content providers and the consumer. It is an amazingly complex situation (too complex in my opinion), and not one where a judge should pick one side or the other out of hand.